ANKENY CITY COUNCIL

Regular Meeting

Monday, November 20, 2023
5:30 PM
Ankeny Kirkendall Public Library - City Council Chambers

1250 SW District Drive, Ankeny, Iowa

Mark Holm, Mayor
Bobbi Bentz, Mayor Pro-Tem

Council Members: Jeff Perry, Joe Ruddy, Todd Shafer, Kelly Stearns

All City Council meetings are open to the public. Assistive Listening Devices (ALD) are available for persons with impaired hearing. To request information in an alternative format or request an accommodation to participate in a City Council meeting, contact the Office of the City Clerk at 965-6405.

Anyone seeking assistance in communicating with the City should contact Relay Iowa at 1-800-735-2942 (TDY), or 1-800-735-2943 (Voice).

ELECTRONIC MEETING INFORMATION


https://zoom.us/j/97312992966?pwd=OEFocWZGS0NYUmtnVHNxcWZFak9Pdz09

 

Meeting ID: 973 1299 2966
Passcode: 1234

Dial in:  +1 312 626 6799; Meeting ID: 973 1299 2966; Passcode: 1234

 

PROCEDURAL ACTIONS:

CALL TO ORDER:

Mark Holm, Mayor

ROLL CALL:

Michelle Yuska, City Clerk

PLEDGE OF ALLEGIANCE:

Mark Holm, Mayor

CEREMONY: none
A.PUBLIC FORUM:
1.

Special Presentation: Update on Des Moines Area Regional Transit Authority (DART) - Amanda Wanke, DART CEO

B.APPROVAL OF AGENDA:
1.Approval of the November 20, 2023 Agenda
Action# B1-1. Consider motion to approve and accept the November 20, 2023 agenda, with or without amendment.

C.PUBLIC HEARING(S):
1.PH 2023-60Proposed 80/20 voluntary urbanized annexation of certain territory adjacent to the southeast quadrant of Ankeny requested by Legacy Housby, LLC
Action# C1-1. Consider motion to close Public Hearing 2023-60.

2.PH 2023-61Proposed NW Northlawn Area Utility Improvements - Phase 3
Action# C2-1. Consider motion to close Public Hearing 2023-61.

3.PH 2023-62$200,000 Master Services and Purchasing Agreement (Police Department - Tasers)
Action# C3-1. Consider motion to close Public Hearing 2023-62.

D.REPORTS OF ADVISORY BOARDS AND COMMISSION: none
E.APPROVAL OF CONSENT AGENDA:
•Minutes
CA -1Approval of official council actions of the regular meeting of November 6, 2023, as published, subject to correction, as recommended by the City Clerk.
CA -2Receive and file minutes of the Zoning Board of Adjustment meeting of October 3, 2023.
CA -3Receive and file minutes of the Plan and Zoning Commission meeting of October 3, 2023.
CA -4Receive and file the minutes of the Civil Service Commission meeting of September 11, 2023.
•Licenses and Permits
CA -5

Consider motion to approve the issuance of liquor licenses and/or beer/wine permits in the City of Ankeny.

•Finance/Budget
CA -6Consider motion to receive and file Financial Reports for October 2023.
CA -7Consider motion to receive and file Building Permit Report for October 2023.
CA -8Consider motion to receive and file Utility Billing Report for October 2023.
CA -9Consider motion to approve Change Order #1 increasing the contract amount by $3,969.60 to Caliber Concrete, LLC, for construction services on the Aspen Ridge Trail project. 
CA -10Consider motion to approve Change Order #2 increasing the contract amount by $3,500.00 to J&K Contracting, for construction services on the North Four Mile Creek Trunk Sewer project.
CA -11Consider motion to approve Change Order #1 decreasing the contract amount by $26,210.40 to J&K Contracting, for construction services on the Westwinds, Plat 9, Storm Sewer Extension project.
CA -12Consider a motion to approve Amendment No. 11 to the Professional Services Agreement increasing the contract amount by $7,500.00 with Shive-Hattery for construction administration services associated with the Albaugh Senior Community Center project.
CA -13

Consider motion to approve Amendment No. 3 to the Professional Services Agreement increasing the contract amount by $51,000.00 with Snyder & Associates, Inc. for additional construction engineering services on the NW 36th Street Widening - NW Ash Drive to North Ankeny Boulevard project.

CA -14

Consider motion to approve Payment #3 in the amount of $64,645.17 to All-Star Concrete, LLC, for construction services on the SE Oralabor Rd & Convenience Blvd/Creekview Dr Traffic Signal Replacement project.

CA -15Consider motion to approve Payment #1 in the amount of $63,656.71 to Caliber Concrete, LLC, for construction services on the Aspen Ridge Trail project.
CA -16

Consider motion to approve Payment #6 in the amount of $2,216.00 to Civil Design Advantage, for engineering services on the Otter Creek Trunk Sewer Extension - Phase 4 project.

CA -17Consider motion to approve Payment #2 in the amount of $8,742.50 to Foth Infrastructure and Environment, LLC for engineering services on the North Four Mile Trunk Sewer - Phase 2 project.
CA -18Consider motion to approve Payment #19 in the amount of $8,828.03 to Foth Infrastructure and Environment, LLC for engineering services on the North Four Mile Creek Trunk Sewer project.
CA -19Consider motion to approve Payment #8 in the amount of $54,071.50 to Foth Infrastructure and Environment, LLC for engineering services on the NW State Street Extension project.
CA -20

Consider motion to approve Payment #6 in the amount of $330,892.32 to Granite Excavating for construction services on the S. Ankeny Blvd Transmission Blvd project.

CA -21Consider motion to approve Payment #2 in the amount of $162,017.75 to Howrey Construction Inc., for construction services on the Creekside Park Improvements project.  
CA -22

Consider motion to approve Payment #8 in the amount of $2,040.50 to HR Green, Inc., for engineering services on the NW Irvinedale Drive & NW 18th Street Intersection Improvements project.

CA -23

Consider motion to approve Payment #4 in the amount of $257,584.49 to J&K Contracting, for construction services on the North Four Mile Creek Trunk Sewer project.

CA -24

Consider motion to approve Payment #1 in the amount of $119,018.94 to J&K Contracting, for construction services on the Westwinds, Plat 9, Storm Sewer Extension project.

CA -25Consider motion to approve Payment #3 in the amount of $15,797.50 to Kirkham Michael & Associates, Inc., for engineering services on the NE 62nd St Box Culvert Design project.
CA -26Consider motion to approve Payment #12 in the amount of $8,938.49 to Kirkham Michael and Associates, for engineering services on the Westwinds Storm Sewer Extension Project - SW Westwinds Drive.
CA -27Consider motion to approve Payment #5 in the amount of $41,250.00 to Romtech Companies, for construction services on the restroom facility at Midway Park. 
CA -28Consider motion to approve Payment #7 in the amount of $25,211.41 to SVPA Architects Inc. for design services associated with the Ankeny Fire Station No. 4 project.
CA -29

Consider motion to approve Payment #1 in the amount of $221,445.00 to Tanksco Inc., for construction services on the Delaware Ground Storage Reservoir Rehabilitation project.

CA -30Consider motion to approve the November 20, 2023 Accounts Payable. 
•Personnel Items
CA -31Consider motion to approve the side letter agreement with the Ankeny Police Department Teamsters Local Union #238 and to authorize the City Manager to execute the agreement.
CA -32Consider motion to approve the revisions to the Drug and Alcohol Policy and Testing Program for Individuals Not Required to Possess a Commercial Drivers License.
CA -33Consider motion to approve the revisions to the Drug and Alcohol Testing Policy for positions requiring a Commercial Drivers License.
CA -34Consider motion to accept the Civil Service Commission certified lists for appointment to: Fire Engineer and Traffic Technician, subject to passing any further departmental requirements.
•Community Development Items
CA -35Consider motion to adopt RESOLUTION accepting a Public Sanitary Sewer Easement  located on Lots 1 & 2, Delaware Centre Plat 2; and associated with the development of  2012 SE Delaware Avenue, Chase Bank site plan.
CA -36Consider motion to approve correction of the legal description in Ordinance 2131, originally approved on February 20, 2023.
•Engineering Items - none
•Capital Improvement Projects
CA -37

2023 PCC Reconstruction Program - SE Creekview Drive: Consider motion to approve: a) Final Change Order #4 decreasing the contract amount by $5,587.00; b)  Certificate of Completion; c) RESOLUTION accepting the public improvements with Alliance Construction Group, LLC in the amount of $503,670.50; and d) Final Payment #6 in the amount of $11,349.85 and Release of Retainage in the amount of $25,183.53.

CA -38

NW 36th Street Widening - NW Ash Drive to North Ankeny Boulevard: Consider motion to approve: a) Final Change Order #6 decreasing the contract amount by $25,077.95; b) Certificate of Completion; c) RESOLUTION accepting the public improvement with Absolute Concrete Construction, Inc. in the amount of $4,022,885.08; and d) Final Payment #16 in the amount of $944.30; and Retainage Payment in the amount of $144,144.25.

CA -39

Uptown Parking Improvements: Consider motion to approve: a) Final Change Order #2 decreasing the contract amount by $12,011.62; b) Certificate of Completion; c) RESOLUTION accepting the public improvements with Caliber Concrete, LLC in the amount of $179,014.17; and d) Final Payment #2 in the amount of $9,937.43 and Release of Retainage in the amount of $8,950.71.

CA -40Consider motion to adopt RESOLUTION ordering construction on the 2024 PCC Reconstruction Program - NW Ash Drive project and fixing a date for hearing thereon and taking of bids therefor.  (date of bid opening: 12/12/23 @ 10:30 A.M. / date of hrg: 12/18/23 @ 5:30 P.M.) 
•Administrative Items
CA -41Consider motion to adopt RESOLUTION fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $11,295,000 Water Revenue Capital Loan Notes of the City of Ankeny, State of Iowa, and providing for publication of notice thereof (date of hrg: 12/4/23 @ 5:30 p.m.).
CA -42

Consider motion to approve an Intergovernmental Transfer of Public Funds Agreement between the Department of Human Services and the Ankeny Fire Department.

CA -43Consider motion to adopt RESOLUTION approving the Annual Urban Renewal Report for Urban Renewal Areas within the City of Ankeny.
CA -44Consider motion to adopt RESOLUTION approving debt certification forms, appropriating funds and directing filing of certifications.
CA -45Consider motion to adopt RESOLUTION approving supplement to 2023 Senior Bond Issuance Certificate of Des Moines Metropolitan Wastewater Reclamation Authority Participating Community.
CA -46Consider motion to adopt RESOLUTION setting a public hearing on the Amendment to Telecommunications & Grounds Space Lease by the City of Ankeny and Cell Tower Lease Amendment with CCATT LLC. (date of hrg: 12/4/23 @ 5:30 p.m.)
•Approval of Consent Agenda Items
1.Consent Agenda Items CA-1 through CA-46
Action# E1-1. Consider motion to approve the recommendations for Consent Agenda Items CA-1 through CA-46.

F.SUPPLEMENTAL AND REMOVED CONSENT AGENDA ITEMS: none
G.RECESS - Mark Holm, Mayor
H.LEGISLATIVE BUSINESS:
•Approval of Ordinances:
1.Ord 2160An Ordinance Amending Ordinance Nos. 1039, 1189, 1423, 1446, 1741, 1943, 1947, 1965, 2038, and 2072, and providing that general property taxes shall no longer be divided on certain property located within the Amended 1989 Ankeny Economic Development Urban Renewal Area, in City of Ankeny, County of Polk, State of Iowa (Removing "Amendment No. 1 Area", "Amendment No. 2 Area", and "Amendment No. 3 Area" from division of taxes only)
Action# H1-1. Consider motion to accept second consideration of ORDINANCE 2160.

Action# H1-2. Consider motion to accept request to suspend the rule that all ordinances must be considered on three different days and accept third consideration of ORDINANCE 2160, sending it on its final passage and publication as required by law.

I.OLD BUSINESS: none
J.NEW BUSINESS:
1.Proposed 80/20 voluntary urbanized annexation of certain territory adjacent to the southeast quadrant of Ankeny requested by Legacy Housby, LLC. (PH 2023-60)
Action# J1-1. Consider motion to receive and file the September 25, 2023 Consultation Meeting Report.  

Action# J1-2. Consider motion to file correspondence.

Action# J1-3. Consider motion to adopt RESOLUTION annexing certain territory located adjacent to the southeast quadrant of Ankeny requested by Legacy Housby, LLC.

2.Proposed NW Northlawn Area Utility Improvements - Phase 3 (PH 2023-61)
Action# J2-1. Consider motion to adopt 1) RESOLUTION adopting plans, specifications, form of contract, estimate of cost $1,727,593.00 and enhancement of payment; 2) receive and file report of bids received November 14, 2023; 3) adopt RESOLUTION making award of construction contract with Absolute Concrete Construction, Inc. dba Absolute Group in the amount of $1,122,982.75; and 4) adopt RESOLUTION approving contract and bonds with Absolute Concrete Construction, Inc. dba Absolute Group in the amount of $1,122,982.75.

3.$200,000 Master Services and Purchasing Agreement (Police Department - Tasers) (PH 2023-62)
Action# J3-1. Consider motion to adopt RESOLUTION instituting proceedings to take additional action for the authorization and issuance of a Master Services and Purchasing Agreement payable from the general fund in the principal amount of not to exceed $200,000 for personal property for use by the City.

Action# J3-2. Consider motion to adopt RESOLUTION authorizing action for a Master Services and Purchasing Agreement payable from the General Fund in the principal amount of $192,467.06 for personal property for use by the City.

4.Proposed 80/20 Voluntary Urbanized Annexation of certain territory located adjacent to the northeast quadrant of Ankeny requested by Hope Kimberley, LLC, BK Linnemeyer Trust, Brian K. and Kelli K. Linnemeyer, Richard R. and Stacey Martin, A. Byron Gustafson, Northstar, LTD., and Gene C. Hildreth, Jr. (Hope Kimberley 2.0)
Action# J4-1. Consider motion to adopt RESOLUTION annexing certain territory located adjacent to the northeast quadrant of Ankeny requested by Hope Kimberley, LLC, BK Linnemeyer Trust, Brian K. and Kelli K. Linnemeyer, Richard R. and Stacey Martin, A. Byron Gustafson, Northstar, LTD., and Gene C. Hildreth, Jr. (Hope Kimberley 2.0). 

K.ADMINISTRATIVE BUSINESS:
•Report of the City Staff:
City Manager
City Attorney
•Report of the Governing Body:
Mayor

City Council Members:
Council Member Bentz
Council Member Perry
Council Member Ruddy
Council Member Shafer
Council Member Stearns
•Future Council Agenda Items:
  • Public Hearing - North Four Mile Creek Trunk Sewer - Phase 2 - 12/4/23 @ 5:30 p.m.
  • Public Hearing - Cell Tower Lease  - 12/4/23 @ 5:30 p.m.
  • Public Hearing - Not to exceed $11,295,000 Water Revenue Capital Loan Notes - 12/4/23 @ 5:30 p.m.
  • Public Hearing - 2024 PCC Reconstruction Program - NW Ash Drive - 12/18/23 @ 5:30 p.m.
  • Regular City Council Meeting - 1/2/24 @ 5:30 p.m.
L.ADJOURNMENT
1.Adjournment